Supreme Law of the Land (United States)

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The Supreme Law of the Land Doctrine established by the Constitution of the United States (Article VI, Section 1) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting State laws. It provides that State courts are bound by, and State constitutions subordinate to, the supreme Law.[1] that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Declaration of Rights—of particular interest is Article III of the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution, enumerates the Powers reserved to the States, and, finally, declares that “all Powers unknown to the Constitution, and not prohibited to the States,” are reserved to the respective States.

The Supremacy Article is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any State acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Article follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that, “[E]very State shall abide by the determination of the [Congress], on all questions which by this Confederation are submitted to them.”

As a constitutional provision announcing the supremacy of federal law, the Supremacy Article assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution itself; no matter what the federal or State governments might wish to do, they must stay within the boundaries of the Constitution.[2] Consequently, the Supremacy Article is considered a cornerstone of the United States’ federal political structure.

Text[edit | edit source]

Article VI. Validity and supremacy
Section 1. Constitution; supreme law
  1. This Constitution, and the Laws of the United States which shall be made in strict Pursuance thereof; and all Treaties made, or which shall be made, in strict Pursuance of their Authority, shall be the supreme Law of the United States, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding; Provided always:—
    1. That, no Law or Treaty of the United States not made in strict Pursuance of this Constitution shall be enforced or otherwise construed as having force of Law; and the Judges of the United States and of each of them shall be bound thereby to refuse their enforcement, any Thing in the Laws or Treaties of the United States, or of any State, or any other Rule, Regulation, Order, or other such Thing of the United States, or of any of them, to the Contrary notwithstanding;
    2. That, insofar as shall touch upon any Matter coming within the Enumeration of the Classes of Subjects in article III, section one, of this Constitution, or otherwise not coming within the Classes of Subjects actually Enumerated in article II-B, section eight, of this Constitution, or elsewhere in this Constitution, and not otherwise expressly prohibited to the States respectively by this Constitution alone, in and for each State the Constitution and Laws thereof, and all Treaties made, or which may be made, under its Authority, shall continue to be the supreme Law of that State, and the Judges of the United States and of each of them shall be bound thereby, any Thing in the Laws or Treaties of the United States, or of any of them, or any other Rule, Regulation, Order, or other such Thing of the United States, or of any of them, to the Contrary notwithstanding;
    3. That, except where this Constitution by clear and express words shall permit otherwise, the United States shall have no Power and shall make no Treaty, Law, Rule, Regulation, Order, or any other Thing having force of Law, as the Case may be, insofar as it shall touch upon any Matter coming within the Classes of Subjects enumerated in article III, section one, of this Constitution, or otherwise not coming within the actual Enumeration of the Classes of Subjects in article II-B, section eight, of this Constitution, or elsewhere in this Constitution, and not otherwise expressly prohibited to the States by this Constitution alone, as being Powers reserved exclusively to the States respectively, any Thing in the Laws or Treaties of the United States, or of any of them, and all Opinions and judicial Decisions of the United States, or of any of them, to the Contrary notwithstanding;
    4. That, in each State the Constitution thereof (pursuant only to the clear and express requirements of this Constitution and the Laws enacted in strict pursuance thereof; and insofar as it shall not be expressly repugnant to this Constitution) shall continue to be the supreme Law of that State;
    5. That, no Treaty of the United States shall displace or act to displace any of the Powers or Competence reserved to the States;—And
    6. That, insofar as they shall not be repugnant to this Constitution, the Laws and Treaties of the United States, insofar as they shall directly and only embrace such Matters coming within the Classes of Subjects actually Enumerated in article II-B, section eight, of this Constitution, or elsewhere in this Constitution as coming within the Powers of the United States, shall prevail over the Constitution and all Laws and Treaties of any State directly embracing the same Matter; and in like Manner, insofar as they shall not be repugnant to this Constitution, the Constitution and all Laws and Treaties of each State, insofar as they shall touch upon any Matter coming within the Classes of Subjects Enumerated in article III, section one, of this Constitution, or not otherwise coming within the Classes of Subjects actually Enumerated in article II-B, section eight, of this Constitution, or elsewhere in this Constitution as coming within the Powers of the United States, and not otherwise expressly prohibited to the States by this Constitution and the Laws enacted in strict pursuance thereof, shall in each State prevail over all Laws and Treaties of the United States touching upon the same such Matter.
  2. Whenever there shall arise an inconsistency between this Constitution and a Law, Treaty, Regulation, Rule, Order, or Policy (or any other Thing having force of Law) of the United States, the former shall prevail, and the latter, insofar as to the inconsistency, shall be invalid;—Likewise: Whenever there shall arise an inconsistency between this Constitution or any Law or Treaty of the United States made in strict pursuance of this Constitution, and the Constitution of a State or any Law or Treaty of the same, the former shall prevail, and the latter, only insofar as to the express and actual inconsistency, shall be invalid.
—U.S. Const., art. VI, §1

Preemption doctrine[edit | edit source]

The constitutional principle derived from the Supremacy Article is federal preemption. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions.

Congress has preempted State regulation in various areas. Where rules or regulations do not clearly state whether or not preemption should apply, the Supreme Court tries to follow lawmakers’ intent and prefers interpretations that avoid preempting State laws.

Subsequent federal case law[edit | edit source]

Treaties[edit | edit source]

Supreme Court interpretations[edit | edit source]

See also[edit | edit source]

References[edit | edit source]

  1. Under the Supremacy Clause, the “supreme Law of the Land” also includes federal statutes enacted by Congress. Within the limits of the powers that Congress gets from other parts of the Constitution, Congress can establish rules of decision that American courts are bound to apply, even if state law purports to supply contrary rules. Congress also has at least some authority to put certain topics wholly off limits to state law, or otherwise to restrict what state law can validly say about those topics. As long as the directives that Congress enacts are indeed authorized by the Constitution, they take priority over both the ordinary laws and the constitution of each individual state.
  2. During the ratification, various Federalists urged that "in pursuance" of the Constitution meant not just conformity with bicameralism and presentment, but otherwise consistent with the entire Constitution. Only such latter statutes were entitled to be treated as supreme over contrary state law. See, for example, Jensen, ed, 2 Documentary History of the Ratification at 517 (cited in note 59) (James Wilson commenting that “in pursuance” meant that a law was otherwise constitutional). Earlier, Wilson had claimed that Congress could not pass any laws restricting the press because such laws would not be in “pursuance” of the Constitution. Id at 455. See also Jonathan Elliot, ed, 4 The Debates in the Several State Conventions on the Adoption of the Federal Constitution 188 (2d ed 1836) (Governor Johnston of North Carolina commenting that every law consistent with the Constitution is “made in Pursuance” of it; those laws inconsistent are not made in Pursuance of it); id at 182 (William Davie commenting to the same effect); id at 28, 178–79 (James Iredell commenting to the same effect); Federalist 33 (Hamilton), in The Federalist 203, 207 (Wesleyan 1961) (Jacob E. Cooke, ed) (claiming that laws that are not pursuant to the Constitution, but instead invade state power, are acts of usurpation).

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